Research On Occupational Injury Protection System Of New Industry Practitioners

In recent years,the new employment forms(i.e.new business forms)represented by express logistics,takeaway delivery and online car booking have been rapidly expanded and developed,and the scale of employees has been expanding day by day.With the development of mobile Internet technology,the widespread use and popularity of smart electronic products such as smart phones and tablets,and the accelerated pace of economic and social operation,people’s way of production and life is undergoing profound changes.Using mobile apps to order takeout,shop online and take a car online has become the daily life consumption of residents.Compared with the traditional lifestyle,this mobile terminal lifestyle provides residents with more diversified and convenient choice space for clothing,food,housing and transportation.Especially since the outbreak of the novel coronavirus,the home-based quarantine measures have limited people-to-people exchanges to some extent.The new business forms have taken on the task of ensuring residents’ livelihood in this special period,and played a pivotal role in maintaining social stability and promoting economic development.Due to the characteristics of their own occupation,population and so on,the new industry practitioners often face high occupational risks in their work,and they are the most prone to occupational injuries.Accidents caused by industrial injuries often occur,such as: traffic accidents,karoshi,sudden death,etc.Based on the feature of profit-seeking,the platform provider intentionally avoids labor relations by breaking down labor tasks in the form of ordering in order to reduce labor costs and operational risks.This flexible,flexible and relaxed employment form is "misplaced" with the industrial injury insurance system based on the employer’s responsibility labor relations,which makes the occupational injury protection of the new industry workers into a dilemma.In theory,the issue of occupational injury protection for new types of employees is mainly centered on the relationship between labor relations and industrial injury insurance.The focus of disputes is mostly mode selection and theoretical issues of labor relations,and few can be demonstrated based on the practicability of occupational injury protection.This paper defines the concept of new forms of employment,through the analysis of the occupational risk of new forms of employment,new forms of employment,new forms of occupational injury protection rights and interests of new forms of employment,summed up the status quo and problems of new forms of employment protection of occupational injury.The specific manifestations are as follows: first,the legislation of occupational injury protection for the new industry is insufficient;Second,new business enterprises and practitioners ignore the problem of occupational injury protection;Third,the existing industrial injury insurance system is difficult to be effectively applied in the new industry employees;Fourth,the definition of the "laborer" identity of the new business is not clear.All the above problems indicate that it is necessary to build a sound occupational injury protection system for new types of business in China.Because of the gaps in our country,it is necessary to learn from other countries’ useful experience in establishing our new occupational injury insurance system,so as to provide reference for our new occupational injury insurance personnel.For example,Germany’s "employee-like person" guarantee model,Britain’s "multi-factor standard" guarantee model,Japan’s "contracted labor" model and Canada’s "dependent contractor guarantee" model.Based on the reference of foreign experience and the actual situation of this country,this paper puts forward the idea of constructing the occupational injury protection system of new employment personnel: First,establish and improve the relevant laws and regulations of the occupational injury protection system of new employment personnel,and establish the occupational injury protection system of new employment personnel.Second,for new business enterprises,they should make clear their limited employer responsibilities to employees.Third,commercial insurance should be introduced into the protection of occupational injury of new business types.On this basis,the paper puts forward the establishment of the middle main body system of laborer type in our country,and should learn from the German legal protection mode of employee type in order to strengthen the recognition and protection of the new type of laborer.